Pursuant to Section 595(c) of Title 28, the Office of
Independent Counsel (OIC) hereby submits substantial and credible
information that President Clinton obstructed justice during the
Jones v. Clinton sexual harassment lawsuit by lying under oath
and concealing evidence of his relationship with a young White
House intern and federal employee, Monica Lewinsky. After a
federal criminal investigation of the President's actions began
in January 1998, the President lied under oath to the grand jury
and obstructed justice during the grand jury investigation.
There also is substantial and credible information that the
President's actions with respect to Monica Lewinsky constitute an
abuse of authority inconsistent with the President's
constitutional duty to faithfully execute the laws.

There is substantial and credible information supporting the
following eleven possible grounds for impeachment:

1. President Clinton lied under oath in his civil case when
he denied a sexual affair, a sexual relationship, or sexual
relations with Monica Lewinsky.

2. President Clinton lied under oath to the grand jury
about his sexual relationship with Ms. Lewinsky.

3. In his civil deposition, to support his false statement
about the sexual relationship, President Clinton also lied under
oath about being alone with Ms. Lewinsky and about the many gifts
exchanged between Ms. Lewinsky and him.

4. President Clinton lied under oath in his civil
deposition about his discussions with Ms. Lewinsky concerning her
involvement in the Jones case.

5. During the Jones case, the President obstructed justice
and had an understanding with Ms. Lewinsky to jointly conceal the
truth about their relationship by concealing gifts subpoenaed by
Ms. Jones's attorneys.

6. During the Jones case, the President obstructed justice
and had an understanding with Ms. Lewinsky to jointly conceal the
truth of their relationship from the judicial process by a scheme
that included the following means: (i) Both the President and
Ms. Lewinsky understood that they would lie under oath in the
Jones case about their sexual relationship; (ii) the President
suggested to Ms. Lewinsky that she prepare an affidavit that, for
the President's purposes, would memorialize her testimony under
oath and could be used to prevent questioning of both of them
about their relationship; (iii) Ms. Lewinsky signed and filed the
false affidavit; (iv) the President used Ms. Lewinsky's false
affidavit at his deposition in an attempt to head off questions
about Ms. Lewinsky; and (v) when that failed, the President lied
under oath at his civil deposition about the relationship with
Ms. Lewinsky.

7. President Clinton endeavored to obstruct justice by
helping Ms. Lewinsky obtain a job in New York at a time when she
would have been a witness harmful to him were she to tell the
truth in the Jones case.

8. President Clinton lied under oath in his civil
deposition about his discussions with Vernon Jordan concerning
Ms. Lewinsky's involvement in the Jones case.

9. The President improperly tampered with a potential
witness by attempting to corruptly influence the testimony of his
personal secretary, Betty Currie, in the days after his civil
deposition.

10. President Clinton endeavored to obstruct justice during
the grand jury investigation by refusing to testify for seven
months and lying to senior White House aides with knowledge that
they would relay the President's false statements to the grand
jury -- and did thereby deceive, obstruct, and impede the grand
jury.

11. President Clinton abused his constitutional authority
by (i) lying to the public and the Congress in January 1998 about
his relationship with Ms. Lewinsky; (ii) promising at that time
to cooperate fully with the grand jury investigation; (iii) later
refusing six invitations to testify voluntarily to the grand
jury; (iv) invoking Executive Privilege; (v) lying to the grand
jury in August 1998; and (vi) lying again to the public and
Congress on August 17, 1998 -- all as part of an effort to
hinder, impede, and deflect possible inquiry by the Congress of
the United States.

The first two possible grounds for impeachment concern the
President's lying under oath about the nature of his relationship
with Ms. Lewinsky. The details associated with those grounds
are, by their nature, explicit. The President's testimony
unfortunately has rendered the details essential with respect to
those two grounds, as will be explained in those grounds.

On January 17, 1998, Ms. Jones's lawyers deposed President
Clinton under oath with Judge Wright present and presiding over
the deposition. Federal law requires a witness testifying under
oath to provide truthful answers. The intentional failure to
provide truthful answers is a crime punishable by imprisonment

and fine.(3) At the outset of his deposition, the President took
an oath administered by Judge Wright: "Do you swear or affirm
. . . that the testimony you are about to give in the matter
before the court is the truth, the whole truth, and nothing but
the truth, so help you God?" The President replied: "I do."(4)
At the beginning of their questioning, Ms. Jones's attorneys
asked the President: "And your testimony is subject to the
penalty of perjury; do you understand that, sir?" The President
responded, "I do."(5)

Based on the witness list received in December 1997 (which
included Ms. Lewinsky) and the January 12, 1998, hearing, the
President and his attorneys were aware that Ms. Jones's attorneys
likely would question the President at his deposition about
Ms. Lewinsky and the other "Jane Does." In fact, the attorneys
for Ms. Jones did ask numerous questions about "Jane Does,"
including Ms. Lewinsky.

There is substantial and credible information that President
Clinton lied under oath in answering those questions.

Please state the name, address, and telephone number of
each and every [federal employee] with whom you had
sexual relations when you [were] . . . President of the
United States.(7)

The interrogatory did not define the term "sexual relations."
Judge Wright ordered the President to answer the interrogatory,
and on December 23, 1997, under penalty of perjury, President
Clinton answered "None."(8)

At the January 17, 1998, deposition of the President,
Ms. Jones's attorneys asked the President specific questions
about possible sexual activity with Monica Lewinsky. The
attorneys used various terms in their questions, including
"sexual affair," "sexual relationship," and "sexual relations."
The terms "sexual affair" and "sexual relationship" were not
specially defined by Ms. Jones's attorneys. The term "sexual
relations" was defined:

For the purposes of this deposition, a person engages
in "sexual relations" when the person knowingly engages
in or causes . . . contact with the genitalia, anus,
groin, breast, inner thigh, or buttocks of any person
with an intent to arouse or gratify the sexual desire
of any person. . . . "Contact" means intentional
touching, either directly or through clothing.(9)

President Clinton answered a series of questions about
Ms. Lewinsky, including:

Q: Did you have an extramarital sexual affair with
Monica Lewinsky?

WJC: No.

Q: If she told someone that she had a sexual affair
with you beginning in November of 1995, would that
be a lie?

WJC: It's certainly not the truth. It would not be the
truth.

Q: I think I used the term "sexual affair." And so
the record is completely clear, have you ever had
sexual relations with Monica Lewinsky, as that
term is defined in Deposition Exhibit 1, as
modified by the Court?

Well, it's real short. He can -- I will permit
the question and you may show the witness
definition number one.

WJC: I have never had sexual relations with Monica
Lewinsky. I've never had an affair with her.(11)

President Clinton reiterated his denial under questioning by his
own attorney:

Q: In paragraph eight of [Ms. Lewinsky's] affidavit,
she says this, "I have never had a sexual
relationship with the President, he did not
propose that we have a sexual relationship, he did
not offer me employment or other benefits in
exchange for a sexual relationship, he did not
deny me employment or other benefits for rejecting
a sexual relationship." Is that a true and
accurate statement as far as you know it?

The ten incidents are recounted here because they are
necessary to assess whether the President lied under oath, both
in his civil deposition, where he denied any sexual relationship
at all, and in his grand jury testimony, where he acknowledged an
"inappropriate intimate contact" but denied any sexual contact
with Ms. Lewinsky's breasts or genitalia. When reading the
following descriptions, the President's denials under oath should
be kept in mind.

Unfortunately, the nature of the President's denials
requires that the contrary evidence be set forth in detail. If
the President, in his grand jury appearance, had admitted the
sexual activity recounted by Ms. Lewinsky and conceded that he
had lied under oath in his civil deposition, these particular
descriptions would be superfluous. Indeed, we refrained from
questioning Ms. Lewinsky under oath about particular details
until after the President's August 17 testimony made that
questioning necessary. But in view of (i) the President's
denials, (ii) his continued contention that his civil deposition
testimony was legally accurate under the terms and definitions
employed, and (iii) his refusal to answer related questions, the
detail is critical. The detail provides credibility and
corroboration to Ms. Lewinsky's testimony. It also demonstrates
with clarity that the Pres ident lied under oath both in his
civil deposition and to the federal grand jury.(14) There is
substantial and credible information that the President's lies
about his relationship with Ms. Lewinsky were abundant and
calculating. >

On Sunday, December 28, 1997, three weeks before the
President's civil deposition in the Jones case, the President and
Ms. Lewinsky met in the Oval Office. In addition to discussing a
number of issues that are analyzed below, they engaged in
"passionate" kissing -- she said, "I don't call it a brief kiss."
No other sexual contact occurred.(47)

Catherine Allday Davis, a college friend of Monica
Lewinsky's,(53) testified that Ms. Lewinsky told her in late 1995
or early 1996 about Ms. Lewinsky's sexual relationship with the
President.(54) According to Ms. Davis, Ms. Lewinsky told her that
the relationship included mutual kissing and hugging, as well as
oral sex performed by Ms. Lewinsky on the President. She also
stated that the President touched Monica "on her breasts and on
her vagina."(55) Ms. Davis also described the cigar incident
discussed above.(56) Ms. Davis added that Monica said that she had
"phone sex" with the President five to ten times in 1996 or
1997.(57)

Neysa Erbland, a high school friend of Ms. Lewinsky's,(58)
testified that Ms. Lewinsky told her in 1995 that she was having
an affair with President Clinton.(59) According to Ms. Erbland,
Ms. Lewinsky said that the sexual relationship began when
Ms. Lewinsky was an intern.(60) Ms. Lewinsky told Ms. Erbland that
the sexual contact included oral sex, kissing, and fondling.(61)
On occasion, as Ms. Erbland described it, the President put his
face in Ms. Lewinsky's bare chest.(62) Ms. Erbland also said that
Ms. Lewinsky described the cigar incident discussed above.(63)
Ms. Erbland also understood from Ms. Lewinsky that she and the
President engaged in phone sex, normally after midnight.(64)

Ms. Lewinsky told another high school friend, Natalie Rose
Ungvari,(65) of her sexual relationship with the President.
Ms. Lewinsky first informed Ms. Ungvari of the sexual
relationship on November 23, 1995. Ms. Ungvari specifically
remembers the date because it was her birthday.(66) Ms. Ungvari
recalled that Ms. Lewinsky said that she performed oral sex on
the President and that he fondled her breasts.(67) Ms. Lewinsky
told Ms. Ungvari that the President sometimes telephoned
Ms. Lewinsky late at night and would ask her to engage in phone
sex.(68)

Dr. Irene Kassorla counseled Ms. Lewinsky from 1992 through
1997.(75) Ms. Lewinsky told her of the sexual relationship with
the President. Ms. Lewinsky said she performed oral sex on the
President in a room adjacent to the Oval Office, that the
President touched Ms. Lewinsky causing her to have orgasms, and
that they engaged in fondling and touching of one another.(76) The
President was in charge of scheduling their sexual encounters and
"became Lewinsky's life."(77)

Kathleen Estep, a counselor for Ms. Lewinsky,(84) met with
Ms. Lewinsky on three occasions in November 1996.(85) Based on her
limited interaction with Ms. Lewinsky, Ms. Estep stated that she
considered Ms. Lewinsky to be credible.(86) During their second
session, Ms. Lewinsky told Ms. Estep about her sexual
relationship with President Clinton.(87) Ms. Lewinsky told
Ms. Estep that the physical part of the relationship involved
kissing, Ms. Lewinsky performing oral sex on the President, and
the President fondling her breasts.(88)

The President, however, testified under oath in the civil
case -- both in his deposition and in a written answer to an
interrogatory -- that he did not have a "sexual relationship" or
a "sexual affair" or "sexual relations" with Ms. Lewinsky. In
addition, he denied engaging in activity covered by a more
specific definition of "sexual relations" used at the
deposition.(90)

In his civil case, the President made five different false
statements related to the sexual relationship. For four of the
five statements, the President asserts a semantic defense: The
President argues that the terms used in the Jones deposition to
cover sexual activity did not cover the sexual activity in which
he engaged with Ms. Lewinsky. For his other false statements,
the President's response is factual -- namely, he disputes
Ms. Lewinsky's account that he ever touched her breasts or
genitalia during sexual activity.(91)

The President's denials -- semantic and factual -- do not
withstand scrutiny.

Third, in an answer to an interrogatory submitted before his
deposition, the President denied having "sexual relations" with
Ms. Lewinsky (the term was not defined). Yet again, the
President's apparent rejoinder to lying under oath on this point
rests on his definition of "sexual relations" -- that it, too,
requires sexual intercourse. According to President Clinton,
oral sex does not constitute sexual relations.

Fourth, in his civil deposition, the President denied
committing any acts that fell within the specific definition of
"sexual relations" that was in effect for purposes of that
deposition. Under that specific definition, sexual relations
occurs "when the person knowingly engages in or causes contact
with the genitalia, anus, groin, breast, inner thigh, or buttocks
of any person with an intent to arouse or gratify the sexual
desire of any person."(93) Thus, the President denied engaging in
or causing contact with the genitalia, breasts, or anus of "any
person" with an intent to arouse or gratify the sexual desire of
"any person."

Concerning oral sex, the President's sole answer to the
charge that he lied under oath at the deposition focused on his
interpretation of "any person" in the definition. Ms. Lewinsky
testified that she performed oral sex on the President on nine
occasions. The President said that by receiving oral sex, he
would not "engage in" or "cause"(94) contact with the genitalia,
anus, groin, breast, inner thigh, or buttocks of "any person"
because "any person" really means "any other person." The
President further testified before the grand jury: "[I]f the
deponent is the person who has oral sex performed on him, then
the contact is with -- not with anything on that list, but with
the lips of another person."(95)

The President's linguistic parsing is unreasonable. Under
the President's interpretation (which he says he followed at his
deposition), in an oral sex encounter, one person is engaged in
sexual relations, but the other person is not engaged in sexual
relations.(96)

Even assuming that the definitional language can be
manipulated to exclude the deponent's receipt of oral sex, the
President is still left with the difficulty that reasonable
persons would not have understood it that way. And in context,
the President's semantics become even weaker: The Jones suit
rested on the allegation that the President sought to have
Ms. Jones perform oral sex on him. Yet the President now claims
that the expansive definition devised for deposition questioning
should be interpreted to exclude that very act.

Fifth, by denying at his civil deposition that he had
engaged in any acts falling within the specific definition of
"sexual relations," the President denied engaging in or causing
contact with the breasts or genitalia of Ms. Lewinsky with an
intent to arouse or gratify one's sexual desire. In contrast to
his explanations of the four preceding false statements under
oath, the President's defense to lying under oath in this
instance is purely factual.

As discussed above, Ms. Lewinsky testified credibly that the
President touched and kissed her bare breasts on nine occasions,
and that he stimulated her genitals on four occasions.(97) She
also testified about a cigar incident, which is discussed above.
In addition, a deleted computer file from Ms. Lewinsky's home
computer contained an apparent draft letter to the President that
explicitly referred to an incident in which the President's
"mouth [was] on [her] breast" and implicitly referred to direct
contact with her genitalia.(98) This draft letter further
corroborates Ms. Lewinsky's testimony.

Ms. Lewinsky's prior consistent statements to various
friends, family members, and counselors -- made when the
relationship was ongoing -- likewise corroborate her testimony on
the nature of the President's touching of her body. Ms. Lewinsky
had no apparent motive to lie to her friends, family members, and
counselors. Ms. Lewinsky especially had no reason to lie to
Dr. Kassorla and Ms. Estep, to whom she related the facts in the
course of a professional relationship. And Ms. Lewinsky's
statements to some that she did not have intercourse with the
President, even though she wanted to do so, enhances the
credibility of her statements. Moreover, the precise nature of
the sexual activity only became relevant after the President
interposed his semantic defense regarding oral sex on August 17,
1998.

By contrast, the President's testimony strains credulity.
His apparent "hands-off" scenario -- in which he would have
received oral sex on nine occasions from Ms. Lewinsky but never
made direct contact with Ms. Lewinsky's breasts or genitalia --
is not credible. The President's claim seems to be that he
maintained a hands-off policy in ongoing sexual encounters with
Ms. Lewinsky, which coincidentally happened to permit him to
truthfully deny "sexual relations" with her at a deposition
occurring a few years in the future. As Ms. Lewinsky noted, it
suggests some kind of "service contract -- that all I did was
perform oral sex on him and that that's all this relationship
was."(99)

The President also had strong personal, political, and legal
motives to lie in the Jones deposition: He did not want to admit
that he had committed extramarital sex acts with a young intern
in the Oval Office area of the White House. Such an admission
could support Ms. Jones's theory of liability and would embarrass
him. Indeed, the President admitted that during the relationship
he did what he could to keep the relationship secret, including
"misleading" members of his family and Cabinet.(100) The President
testified, moreover, that he "hoped that this relationship would
never become public."(101)

At the time of his civil deposition, the President also
could have presumed that he could lie under oath without risk
because -- as he knew -- Ms. Lewinsky had already filed a false
affidavit denying a sexual relationship with the President.
Indeed, they had an understanding that each would lie under oath
(explained more fully in Ground VI below). So the President
might have expected that he could lie without consequence on the
belief that no one could ever successfully challenge his denial
of a sexual relationship with her.

In sum, based on all of the evidence and considering the
President's various responses, there is substantial and credible
information that the President lied under oath in his civil
deposition and his interrogatory answer in denying a sexual
relationship, a sexual affair, or sexual relations with
Ms. Lewinsky.(102)